Chapter 100

Residential contractor’s signature ....

You may cancel this contract at any time before midnight on the third business day after you have received written notice from your insurer that the claim has been denied in whole or in part under the property insurance policy. See the attached notice of cancellation form for an explanation of this right.

100.65(3)(b) (b) Furnish the consumer a completed form in duplicate that is attached to the contract, is easily detachable, and contains, in boldface type of a minimum size of 10 point, the following statement:

NOTICE OF CANCELLATION

If you are notified by your insurer that the claim under the property insurance policy has been denied in whole or in part, you may cancel the contract by personal delivery or by mailing by 1st class mail a signed and dated copy of this cancellation notice or other written notice to (name of contractor) at (contractor’s business address) at any time before midnight on the third business day after you have received the notice from your insurer. If you cancel the contract, any payments made by you under the contract, except for certain emergency work already performed by the contractor, will be returned to you within 10 days following receipt by the contractor of your cancellation notice.

I CANCEL THIS CONTRACT

Date ....

Customer’s signature ....

100.65(4) (4) Before a consumer enters into a written contract with a residential contractor to repair or replace a roof system or to perform any other exterior repair, replacement, construction, or reconstruction of residential real estate, the consumer shall indicate to the residential contractor whether, to the best of the consumer’s knowledge, the work contemplated by the contract is related to a claim under a property insurance policy. If the consumer makes the indication on the statement provided by the residential contractor under sub. (3) (a), the residential contractor shall retain the statement and provide the consumer with a copy of the statement.

100.65(5) (5) A consumer who enters into a written contract with a residential contractor to repair or replace a roof system or to perform any other exterior repair, replacement, construction, or reconstruction of residential real estate all or part of which is to be paid under a property insurance policy may cancel that contract prior to the end of the 3rd business day after the insured receives written notice from the insurer that the claim under the property insurance policy is denied in whole or in part. The consumer shall give the residential contractor written notice of cancellation by personal delivery of the notice or by 1st class mail to the residential contractor’s address stated in the contract. If the notice is given by mail, the notice shall be postmarked before midnight of the 3rd business day after the insured receives written notice from the insurer of the denial of the claim. The notice shall be sufficient if the consumer uses the notice of cancellation form in sub. (3) (b) or provides other written notice that indicates the consumer’s intent not to be bound by the contract.

100.65(6) (6) Within 10 days after a residential contractor receives a cancellation notice under sub. (5), the residential contractor shall return to the consumer any payments made, any deposits made, and any note or other evidence of indebtedness related to the contract. However, if the residential contractor has performed any emergency services, acknowledged by the consumer in writing to be necessary to prevent damage to the residential real estate, the residential contractor shall be entitled to the reasonable value of those services.

100.65(7) (7) Any provision in a written contract with a residential contractor to repair or replace a roof system or to perform any other exterior repair, replacement, construction, or reconstruction of residential real estate that requires the payment of any fee for anything except emergency services under sub. (6) is not enforceable against the consumer who has cancelled the contract under sub. (5).

100.65(8) (8) No residential contractor may represent or offer or advertise to represent a consumer or negotiate or offer or advertise to negotiate on behalf of a consumer with respect to any insurance claim related to the repair or replacement of a roof system or to the exterior repair, replacement, construction, or reconstruction of residential real estate. This subsection does not prohibit a residential contractor, with the express consent of an insured, from doing any of the following:

100.65(8)(a) (a) Discussing damage to the insured’s property with the insured or an insurance company’s representative.

100.65(8)(b) (b) Providing the insured an estimate for repair, replacement, construction, or reconstruction of the insured’s property, submitting the estimate to the insured’s insurance company, and discussing options for the repair, replacement, construction, or reconstruction with the insured or an insurance company’s representative.

100.65(9) (9) Any person who violates this section shall forfeit not less than $500 nor more than $1,000 for each violation.

100.65 History History: 2013 a. 24, 150.

100.70 100.70 Environmental, occupational health, and safety credentials.

100.70(1) (1) Prohibitions.

100.70(1)(a) (a) Certified dangerous goods professional. No person may use the title “Certified Dangerous Goods Professional,” the initials “C.D.G.P.,” or any variation or combination of those terms to identify, advertise, or represent, by any means, that the person is a certified dangerous goods professional unless the person is designated as a certified dangerous goods professional by the Institute of Hazardous Materials Management and that designation has not expired or been revoked.

100.70(1)(b) (b) Certified hazardous materials manager. No person may use the title “Certified Hazardous Materials Manager,” the initials “C.H.M.M.,” or any variation or combination of those terms to identify, advertise, or represent, by any means, that the person is a certified hazardous materials manager unless the person is designated as a certified hazardous materials manager by the Institute of Hazardous Materials Management and that designation has not expired or been revoked.

100.70(1)(c) (c) Certified hazardous materials practitioner. No person may use the title “Certified Hazardous Materials Practitioner,” the initials “C.H.M.P.,” or any variation or combination of those terms to identify, advertise, or represent, by any means, that the person is a certified hazardous materials practitioner unless the person is designated as a certified hazardous materials practitioner by the Institute of Hazardous Materials Management and that designation has not expired or been revoked.

100.70(1)(d) (d) Certified health physicist. No person may use the title “Certified Health Physicist,” the initials “C.H.P.,” or any variation or combination of those terms to identify, advertise, or represent, by any means, that the person is a certified health physicist unless the person is designated as a certified health physicist by the American Board of Health Physics and that designation has not expired or been revoked.

100.70(1)(e) (e) Certified industrial hygienist. No person may use the title “Certified Industrial Hygienist,” the initials “C.I.H.,” or any variation or combination of those terms to identify, advertise, or represent, by any means, that the person is a certified industrial hygienist unless the person is designated as a certified industrial hygienist by the American Board of Industrial Hygiene and that designation has not expired or been revoked.

100.70(1)(f) (f) Certified safety professional. No person may use the title “Certified Safety Professional,” the initials “C.S.P.,” or any variation or combination of those terms to identify, advertise, or represent, by any means, that the person is a certified safety professional unless the person is designated as a certified safety professional by the Board of Certified Safety Professionals and that designation has not expired or been revoked.

100.70(1)(g) (g) Registered radiation protection technologist. No person may use the title “Registered Radiation Protection Technologist,” the initials “R.R.P.T.,” or any variation or combination of those terms to identify, advertise, or represent, by any means, that the person is a registered radiation protection technologist unless the person is designated as a registered radiation protection technologist by the National Registry of Radiation Protection Technologists and that designation has not expired or been revoked.

100.70(1)(h) (h) Commercial representation. No business entity may identify, advertise, or represent, by any means, that the services provided by the business entity are furnished by a certified or registered professional described under pars. (a) to (g) unless those services are provided by, or are provided under the direct supervision of, a person who is permitted to use that title under pars. (a) to (g).

100.70(1)(i) (i) Certification mark. No person may mislead or deceive a person by the unauthorized use of a certification mark awarded by the U.S. patent and trademark office that includes a title described in pars. (a) to (g).

100.70(1)(j) (j) Exception. Paragraphs (a) to (g) do not apply to an apprentice or student who is acting under the supervision of a person who is permitted to use a title under pars. (a) to (g).

100.70(2) (2) Penalty. A person who violates sub. (1) is guilty of a misdemeanor and shall be fined not more than $1,000.

100.70 History History: 2017 a. 73.

100.75 100.75 Third-party food delivery services.

100.75(1) (1) Definitions. In this section:

100.75(1)(a) (a) “Consent” means a mutual acknowledgement obtained electronically or in writing between a person having authority to act on behalf of a restaurant and a 3rd-party food delivery service.

100.75(1)(b) (b) “Digital network” means a website or online-enabled application, software, or system that allows a consumer to view and search the menus of restaurants and purchase food from restaurants for delivery.

100.75(1)(c) (c) “Restaurant” has the meaning given in s. 125.02 (18).

100.75(1)(d) (d) “Third-party food delivery service” means a person who operates a digital network and delivers food purchased through the digital network to consumers.

100.75(2) (2) Listing; removal.

100.75(2)(a) (a) A 3rd-party food delivery service shall provide a publicly accessible process for a restaurant to request the removal of the restaurant from the digital network of the 3rd-party food delivery service.

100.75(2)(b) (b) If a restaurant requests to be removed from the digital network of a 3rd-party food delivery service, all of the following apply:

100.75(2)(b)1. 1. The 3rd-party food delivery service shall provide to the restaurant a dated receipt of the request.

100.75(2)(b)2. 2. The 3rd-party food delivery service shall remove the restaurant from its digital network within 3 business days of receiving the request.

100.75(2)(b)3. 3. The 3rd-party food delivery service may not list the restaurant on its digital network, offer the restaurant’s food for delivery, or use the restaurant’s name, address, logo, or menu without consent.

100.75(2)(c) (c) A 3rd-party food delivery service may not solicit requests from consumers for a restaurant to be added to the digital network of the 3rd-party food delivery service.

100.75(3) (3) Delivery requirements. A 3rd-party food delivery service shall ensure that individuals delivering food for the 3rd-party food delivery service have knowledge of basic food safety principles, including personal hygiene and avoiding cross contamination.

100.75(4) (4) Sharing of data. A 3rd-party food delivery service shall provide to an owner or operator of a restaurant listed on its digital network information that identifies all of the following related to orders placed with the 3rd-party food delivery service involving the restaurant:

100.75(4)(a) (a) The contents of orders.

100.75(4)(b) (b) The times that orders are placed.

100.75(5) (5) Penalties. If a 3rd-party food delivery service violates sub. (2) (b), the department may commence an action against the 3rd-party food delivery service in the name of the state to recover one of the following penalties:

100.75(5)(a) (a) For a first violation involving a particular restaurant, a civil forfeiture of $1,000.

100.75(5)(b) (b) For a 2nd violation involving a particular restaurant, a civil forfeiture of $5,000.

100.75(5)(c) (c) For a 3rd or subsequent violation involving a particular restaurant, a civil forfeiture of $10,000.

100.75 History History: 2023 a. 75.